8BMeaning of key personnel of a person or body

8B Meaning of key personnel of a person or body

(1) Each of the following is one of the key personnel of a person or body (the entity) at a particular time: (a) if the entity is not a State or Territory—a member of the group of persons who is responsible for the executive decisions of the entity at that time; (b) if the entity is not a State or Territory—any other person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the entity at that time; (c) if, at that time, the entity conducts an aged care service: (i) any person who is responsible for the nursing services provided by the service and who holds a recognised qualification in nursing; and (ii) any person who is responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity; (d) if, at that time, the entity proposes to conduct an aged care service: (i) any person who is likely to be responsible for the nursing services to be provided by the service and who holds a recognised qualification in nursing; and (ii) any person who is likely to be responsible for the day‑to‑day operations of the service; whether or not the person is employed by the entity. (2) Without limiting paragraph (1)(a), a reference in that paragraph to a member of the group of persons who is responsible for the executive decisions of an entity includes: (a) if the entity is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001—a director of the body corporate for the purposes of that Act; and (b) in any other case—a member of the entity’s governing body.